Firearms

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed a brief today in the United States Supreme Court in support of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) federal regulation that bans bump-stock devices and classifies them as prohibited machine guns under the National Firearms Act. In the case of Garland v. Cargill, the district court and the U.S. Court of Appeals for the Fifth Circuit panel agreed with ATF that a federal statute prohibiting machine-guns fairly encompasses bump stocks, but the en banc court reversed. The Supreme Court granted certiorari on November 3.

“It is very clear that bump stocks  readily convert semiautomatic firearms into machine guns, making them illegal under federal law,” said Attorney General Bonta. “The federal government has long regulated automatic weapons and federal laws that apply on a nationwide basis serve as an important complement to State firearms laws that protect our residents and communities from gun violence. The bump stock regulation fits squarely within the text of the federal law banning machine guns, and a centuries-long effort to keep automatic weapons off the streets and out of California.”

In 2017, a gunman opened fire at a music festival in Las Vegas using semi-automatic rifles equipped with bump-stock devices, killing 60 people and wounding 500 more. In the wake of the shooting, ATF issued its final rule concluding that bump stocks qualify as machine guns under a federal statute that prohibits machine guns. Bump stocks are an accessory that can be added to a semiautomatic long gun and enable users to mimic automatic fire by pulling their trigger finger just once to maintain a stream of gunfire. 

Machine guns became commercially available to civilians in the 1920s and their ability to rapidly fire multiple rounds with a single trigger pull provoked regulatory scrutiny. States and the federal government promptly responded by restricting machine guns. In the 1980s, Congress responded decisively, passing legislation to make clear that any device designed to simulate fully automatic fire is a machine gun that is prohibited under federal law.

The brief argues that the ban of bump stocks is consistent with the text of the federal statute prohibiting machine guns, as well as a long history of federal and state laws restricting machine guns. The brief argues that the federal regulation banning bump stocks vindicates the purposes of federal firearms law by complementing state efforts to regulate dangerous weapons, by supporting the states that have already banned them, and by filling in the gaps of state-by-state regulations.

Attorney General Bonta stands with partners throughout the state and nationally to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County.
• Upholding commonsense age restrictions on firearms both in California and nationally. 

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia in filing the brief.

A copy of the brief can be found here.

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, filed a brief in support of a Colorado law setting 21 as the minimum age to purchase any kind of firearm. The case, Rocky Mountain Gun Owners v. Polis, is currently pending in the U.S. Court of Appeals for the Tenth Circuit. The coalition’s brief argues that a lower court erred its decision to temporarily halt enforcement of the law while the litigation challenging the constitutionality of the law proceeds. States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“States must have the ability to protect their citizens and communities from gun violence,” said Attorney General Bonta. “The district court's decision to preliminarily enjoin Colorado's law is inconsistent with our nation's historical tradition, as well as longstanding state and federal laws imposing age-based restrictions on the possession, purchase, sale, transfer, and use of firearms. We stand with Colorado and other states in their efforts to end gun violence through commonsense laws that improve public safety."

In the brief, the states assert that Colorado’s law is constitutional under the Second Amendment, as it is consistent with states’ authority and a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision preliminarily enjoining Colorado’s law misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves states’ authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Tenth Circuit Court of Appeals to overturn the district court decision because:

• The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition, and states have long exercised this power by enacting laws to promote safety, prevent crime, and minimize gun violence within their borders.
• Colorado’s age-based restrictions are consistent with measures taken by other states and fall comfortably within states’ authority to regulate firearms. Numerous States and the District of Columbia impose age-based restrictions regarding the use, purchase, transfer, or possession of firearms. Courts have previously upheld these restrictions relying on the historical record as is now required by Bruen.

 Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County 

Attorney General Bonta joins the attorneys general of Illinois, Arizona, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the brief.

A copy of the brief can be found here. 

SAN DIEGO — California Attorney General Rob Bonta today issued the following statement after the U.S. District Court for the Southern District of California denied a preliminary injunction motion in Chavez v. Bonta, a lawsuit challenging the law prohibiting licensed firearms dealers from selling, supplying, delivering, or giving possession or control of certain long guns and semiautomatic centerfire rifles to 18- to 20-year-olds.  

“We applaud the court’s decision and believe it is an important step forward in the fight against gun violence,” said Attorney General Bonta. “We will continue to lead efforts to defend California’s commonsense gun-safety laws. As we move forward on the merits in this case, Californians should know that licensed firearms dealers are still prohibited from selling, supplying, delivering or giving possession or control of certain long guns and semiautomatic centerfire rifles to 18- to 20-year-olds.” 

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California's commonsense gun-safety laws, including cases involving California's restrictions on large-capacity magazines and assault weapons.  
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County.

A copy of the decision can be found here.

Attorney General Bonta joins coalition of 21 attorneys general backing ATF rule to limit unlicensed gun sales 

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 21 attorneys general, submitted a comment letter in support of a proposed Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) rule that would ensure more firearms sales are subject to background checks and reduce illegal firearms trafficking. Following the passage of the Bipartisan Safer Communities Act, the ATF has proposed a new regulation to clarify what it means for a person to be “engaged in the business” of dealing in firearms, and therefore required to obtain a license and run background checks when selling firearms. The proposed rule would close loopholes that allowed the unlicensed sale of firearms, including online and at gun shows. 

 “The suggested regulation represents a significant step forward in our fight against gun violence by regulating profit-oriented dealers engaged in firearm sales, ensuring that they are accountable for obtaining licenses, undergoing background checks, maintaining records, and meeting other obligations,” said Attorney General Bonta. “Unregulated firearms transactions increase the likelihood that individuals who are prohibited from legally acquiring guns will obtain them, posing a threat to communities and contributing to the prevalence of gun-related violence." 

 The ATF’s proposed rule will crack down on unlicensed, profit-oriented firearms sellers and reduce the number of firearms sold without a background check by ensuring more individuals who sell firearms are subject to federal licensing and background check requirements. Vendors operating at gun shows and online would be subject to the regulation in more instances, reducing opportunities for firearms sales without background checks. The new regulations will also help local and state law enforcement officials track firearms sales and provide them with more tools to effectively inspect firearms dealers, trace firearms used in crimes, prosecute gun charges, and help keep the communities they serve safe.

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California's commonsense gun safety laws, including by obtaining a stay of an order enjoining California's restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County. 

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the brief.

A copy of the comment letter can be found here. 

California appellate court rejects trial court decision blocking implementation of AB 173

 SACRAMENTO – California Attorney General Rob Bonta today announced securing a court decision by the California Court of Appeal allowing the California Department of Justice (DOJ) to continue sharing data with gun violence researchers to better direct strategies to prevent gun violence.  The order allows DOJ to provide the University of California Firearm Violence Research Center and other qualified researchers with data under Assembly Bill 173 (AB 173) necessary to conduct research evaluating the leading causes and impacts of gun violence and effective responses.

“The court’s decision is a victory in our ongoing efforts to prevent gun violence,” said Attorney General Bonta. “AB 173’s information-sharing serves the important goal of enabling research that supports informed policymaking aimed at reducing and preventing firearm violence. Research and data are vital in our efforts to prevent gun violence in California and provide a clear path to help us save lives.”

Since the 1950’s, California state law has required DOJ to maintain records of handgun sales in California, and recently added sales of long guns and ammunition. This data provides a unique opportunity for research not available anywhere else. Since at least 1989, researchers at the University of California, Davis have been utilizing that data in studies aimed at understanding and preventing various forms of firearm violence. In 2016, the Legislature directed the Regents of the University of California to establish a Firearm Violence Research Center (the Center) with the goals of producing interdisciplinary research addressing the nature and consequences of firearm violence, and working with policymakers to identify, implement, and evaluate innovative firearm violence prevention policies and programs.

To aid in those goals, the Legislature mandated through AB 173 that DOJ provide the Center (and, at the Attorney General’s discretion, other qualified researchers) with this firearms data. In October 2022, one individual gun owner and a handful of gun rights organizations sued DOJ, arguing that sharing information with these researchers under AB 173 violated their privacy rights under the California Constitution. On Friday, November 17, the California Court of Appeal, Fourth District, reversed an erroneous decision by the San Diego County Superior Court which barred DOJ from sharing the information. When this ruling is implemented, DOJ will again be free to follow AB 173 and transfer this firearms data to researchers for critical and lifesaving research. 

This victory comes after Attorney General Bonta released the first-ever Office of Gun Violence Prevention Data Report in August 2023, shedding further light on the impact of gun violence in California and the nation. The report provides a robust review of gun violence data in California and throughout the nation to help guide policy and strategy discussions related to reducing gun violence. A copy of the report is available here.

On November 6, 2023, Attorney General Bonta released the second data report issued by the Office of Gun Violence Prevention, providing an in-depth look at the ties between domestic violence and firearms. The report examines data illustrating the impact of firearms-related domestic violence, including both family and intimate partner-related violence with firearms. 

California’s ban on assault weapons remains in effect

SACRAMENTO — California Attorney General Rob Bonta today filed a notice of appeal to overturn a district court decision in Miller v. Bonta invalidating California’s decades-old assault weapons ban, the Assault Weapons Control Act. The U.S. District Court for the Southern District of California found elements of the Assault Weapons Control Act unconstitutional but granted the Attorney General’s request for a stay of the decision to allow the Attorney General to appeal to the U.S. Court of Appeals for the Ninth Circuit. At this time, the assault weapons restrictions, including those applicable to firearms defined as assault weapons under California Penal Code section 30515, remain in effect. Attorney General Bonta will appeal the decision to the Ninth Circuit and will seek a further stay pending appeal to ensure that these vital public safety protections remain in place to prevent gun-related deaths and injuries in California communities. 

“Weapons of war have no place on California’s streets,” said Attorney General Bonta. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California. The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states. Once again, this district court issued a dangerous and misguided decision and I will work vigorously to reverse it on appeal. We will not stop in our efforts to protect the safety of communities to live without fear of becoming victims of gun violence, while at the same time respecting the Second Amendment rights of law-abiding gun owners.”

The district court’s decision involves a challenge to California's Assault Weapons Control Act. In June 2020, following a bench trial, the U.S. District Court for the Southern District of California held that portions of the law violated the Second Amendment. The Attorney General filed a notice of appeal and successfully petitioned the Ninth Circuit Court of Appeals to stay that judgment, allowing California to continue to enforce the law while the case was pending. After New York Rifle & Pistol Association v. Bruen was decided in June 2022, the Ninth Circuit granted the Attorney General's motion to remand the case back to the federal district court. The Attorney General will now appeal the district court’s latest decision to the Ninth Circuit. 

In addition to today’s decision in Miller v. Bonta, the same district court also recently issued a decision invalidating California’s large-capacity magazine ban. Attorney General Bonta has appealed that decision and secured a court order by an en banc panel of the Ninth Circuit Court of Appeals which stayed the decision and allowed the ban to remain in effect pending appeal. Large-capacity magazines are firearm magazines capable of holding more than 10 rounds of ammunition. The en banc court’s order concluded that the state is likely to succeed on the merits in defending the large-capacity restrictions and that maintaining the restrictions pending appeal is in the best interest of the public safety of Californians. 

Gun violence remains a growing threat to public safety throughout the nation. Mass shootings are on the rise throughout the country and frequently feature assault weapons equipped with large-capacity magazines, causing more deaths and injuries. On average, there are over 130 gun deaths each day and  over 48,000 each year in the U.S. Guns are the leading cause of death among children and adolescents aged 1-17, with U.S. children being more likely to die from gun violence than in any other comparable country. In 2022, California was ranked as the #1 state for gun safety by Giffords Law Center to Prevent Gun Violence, and the state saw a 43% lower gun death rate than the national average. According to CDC data, California’s gun death rate was the 7th lowest in the nation and the gun death rate for children under 18 is  less than half (60% below) the average for the rest of the nation.

The notice of appeal can be found here.  

Joins brief to the Ninth Circuit in support of Hawaii’s gun restrictions

OAKLAND — California Attorney General Rob Bonta today joined 18 attorneys general in filing an amicus brief in support of Hawaii’s and other states’ authority to restrict the carrying of firearms in designated locations, including private property without consent and other sensitive places such as parks and banks. The brief was filed in the Ninth Circuit Court of Appeals in Wolford v. Lopez after a district court decision issued a preliminary injunction halting enforcement of Hawaii’s law. In the brief, the attorneys general urge the Ninth Circuit to reverse the district court’s decision striking down the prohibition on carrying firearms in sensitive places such as bars, beaches, banks, and parks, as well as private property without the property owner’s consent. The brief argues that the law is in line with a long tradition of constitutionally acceptable regulations designed to meet states’ responsibility to protect their residents from gun violence and intimidation.

“It is not only constitutional, but commonsense to respect the right of property owners to say if firearms can be brought onto their private property; the court should not take away their legal right to do so,” said Attorney General Bonta. “States have the responsibility for protecting their communities. Our citizens should not have to live in fear of gun violence. The fact is, more guns in more places makes us less safe and interferes with the ability of our citizens to exercise their constitutional rights. Under Bruen, the Supreme Court acknowledged that states have a right to enact reasonable restrictions to protect communities. We support and recognize states’ authority to enact laws to maintain public safety, including constitutional gun regulations that respond to local needs and concerns.”

The attorneys general argue in the brief that the challenged provisions are consistent with a tradition of constitutionally acceptable regulations designed to meet states’ need to protect their residents and the public safety of communities. These regulations are common and a method of ensuring adequate protection and safety for locations that have become increasingly vulnerable to gun violence in recent years. Imposing location-based restrictions on carrying guns does not conflict with the Second Amendment, allowing states to have flexibility that they need to protect their communities.

Attorney General Bonta continues efforts to support and defend commonsense, constitutional gun laws that have been shown to save lives. Just this week Attorney General Bonta secured a stay pending appeal of a dangerous and misguided decision by a district court striking down California’s large-capacity magazine ban. 

Attorney General Bonta stands with state and local governments in efforts to enact laws that protect the public safety of their communities. The Attorney General has filed or joined state coalitions to file a number of amicus briefs, including:

• In October 2023, leading 17 attorneys general in support of Hawaii’s request to the Ninth Circuit to rehear an appeal defending Hawaii’s ban on butterfly knives.
• In September 2023, defending Montgomery County, Maryland’s law prohibiting the carrying of firearms in certain sensitive places.
• In July 2023, defending New Jersey’s law protecting the public from gun violence in sensitive places, through a brief filed in July 2023.
• In January 2023, defending the state of New York’s gun safety laws,  in support of New York’s reasonable restrictions on who may obtain a concealed carry permit and prohibitions on the carry of guns in sensitive places and in support of the state’s regulation prohibiting the carrying of firearms in places of worship.
• In April 2023, supporting New Jersey’s defense against a legal challenge to its firearm-related public nuisance statute and states’ rights to enact commonsense laws to protect the public from gun violence. 
• In September 2022, urging a district court to uphold the District of Columbia and states’ authority to regulate firearms on public transit systems and protect communities seeking access to safe public transportation.

Attorney General Bonta has, alongside Governor Gavin Newsom and Senator Anthony Portantino, advanced legislation to strengthen California’s existing concealed carry laws. Senate Bill 2 (SB 2), which was signed into law on September 26 and goes into effect on January 1, 2024, is consistent with the U.S. Supreme Court decision in New York Rifle and Pistol Association v. Bruen, and would further protect the public safety of Californians by specifying who may obtain a CCW license, limiting the possession of firearms in certain sensitive locations, and advancing safety through stronger training requirements on the safe handling and storage of firearms.

A copy of the brief can be found here.

Ninth Circuit grants state’s request for a stay of the misguided district court decision 

OAKLAND — California Attorney General Rob Bonta today announced that an en banc panel of the Ninth Circuit Court of Appeals granted California’s request for a stay of a district court decision striking down the state’s large-capacity magazine ban. Large-capacity magazines are firearm magazines capable of holding more than 10 rounds of ammunition. The en banc court’s order, which was issued today, concludes that the state is likely to succeed on the merits in defending the large-capacity restrictions and that maintaining the restrictions pending appeal is in the best interest of the public safety of Californians. 

“We are relieved that the court considered the public safety of Californians in its decision to grant our motion and maintain the restrictions on large-capacity magazines pending a decision on appeal,” said Attorney General Bonta. “With the stay, California’s restrictions on large capacity magazines — a key component in our efforts to fight gun violence — remain in effect. Californians should know that the purchase, manufacture, or transfer of large-capacity magazines is against the law. We will continue to fight for California’s authority to keep our communities safe from weapon enhancements that cause mass casualties. The Supreme Court was clear that New York State Rifle & Pistol Association v. Bruen does not create a regulatory straitjacket for states and that cases should be evaluated on the text of the Second Amendment and its history and tradition of regulation.”

The Ninth Circuit granted Attorney General Bonta’s motion, which argued that the district court’s application of the U.S. Supreme Court’s decision in Bruen is deeply flawed and ignores relevant historical laws. In fact, since Bruen,10 other federal district court decisions have considered Second Amendment challenges to similar restrictions on large-capacity magazines. All but one of those decisions have rejected the challenge. These courts have repeatedly recognized that large-capacity magazines are not protected by the Second Amendment or that restrictions on such magazines are consistent with a historical tradition of regulating particularly dangerous weapons technologies as they spread and cause harm. The district court reached its decision by focusing on the supposed popularity of the technology and by ignoring relevant historical laws, despite the guidance laid out by Bruen.

A copy of the court’s order can be found here. 

Urges Ninth Circuit to rehear panel decision invalidating the ban

OAKLAND — California Attorney General Rob Bonta today led a multistate coalition in support of Hawaii’s request to the Ninth Circuit to rehear an appeal defending Hawaii’s ban on butterfly knives. The petition seeks a full en banc review of a panel opinion issued in Teter v. Lopez on August 7, 2023 that invalidated Hawaii’s butterfly knife ban, holding it violates the Second Amendment. In the amicus brief, the coalition argues that the panel’s failure to remand the case after New York State Rifle & Pistol Association, Inc. v. Bruen (Bruen) is inconsistent with the approach taken in most other appeals involving Second Amendment challenges in the same posture and that the panel’s application of Bruen is flawed.

“Our coalition has filed an amicus brief in support of Hawaii’s petition for rehearing in Teter v. Lopez,” said Attorney General Bonta. “It is crucial that the courts apply a consistent standard when evaluating Second Amendment challenges to protect and uphold the rights of every American and safeguard the ability of states to enact commonsense gun laws. We stand with Hawaii in seeking further reconsideration by the Ninth Circuit. We will continue to defend constitutional and sensible regulations that protect the public from harm, as well as states’ ability to enact such protections.”

In Hawaii, it is a misdemeanor to manufacture, sell, transport, or possess a butterfly knife, a type of knife where a split handle can fully encase the blade and then rotate open to expose the blade. In 2019, plaintiffs filed a lawsuit challenging the law, arguing it violated their Second Amendment. The district court granted Hawaii’s motion for summary judgment in 2020, to which plaintiffs appealed to the Ninth Circuit. After the Supreme Court issued Bruen in June 2022, Hawaii filed a motion with the Ninth Circuit to vacate the decision below and remand the case to the district court to consider the implications of the Bruen decision in the first instance, or, in the alternative, to order supplemental briefing. In August 2022, a motions panel denied the motion to vacate and remand and directed the parties to file supplemental briefs within 30 days.

In the amicus brief, the coalition of attorneys general:

• Provides examples of the extensive historical analysis typically conducted on remand in post-Bruen cases.
• Identifies how the panel’s legal errors are inconsistent with Bruen, including its discussion about the plain meaning of the term “arms” and its misguided approach to the historical analysis.

In filing the amicus brief, Attorney General Bonta was joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.

A copy of the amicus brief is available here.

SACRAMENTO — California Attorney General Rob Bonta today filed a motion in the Ninth Circuit Court of Appeals to stay a district court decision striking down California’s restrictions on large-capacity magazines. The motion urges the Ninth Circuit to issue a stay of the decision pending appeal to ensure that these vital public safety protections remain in place to prevent gun-related deaths and injuries in California communities while the Ninth Circuit addresses the merits of the case.

“In the past half-century, large-capacity magazines have been used in about three-quarters of gun massacres with 10 or more deaths and in 100 percent of gun massacres with 15 or more deaths,” said Attorney General Bonta. “We will continue to fight for California’s authority to keep our communities safe from weapon enhancements that cause mass casualties. The Supreme Court was clear that Bruen does not create a regulatory straitjacket for states and that cases should be evaluated on the text of the Second Amendment and its history and tradition of regulation. Instead, the district court’s opinion in this case focuses on the purported popularity of large-capacity magazines, and does not properly apply the legal standards set out in Bruen. The court got this dead wrong. The focus should be on the law, period. We will continue to push for commonsense, constitutional regulations that protect Californians’ rights to go about their business without fear of becoming victims of gun violence, while at the same time respecting the Second Amendment rights of law-abiding gun owners.”

The motion urges the Ninth Circuit to stay the district court decision enjoining California’s long-standing restrictions on large-capacity magazines, defined as firearm magazines capable of holding more than 10 rounds of ammunition. In the motion, Attorney General Bonta argues that the district court’s application of the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen is deeply flawed and ignores relevant historical laws. In fact, since Bruen, 10 other federal district courts have considered Second Amendment challenges to similar restrictions on large-capacity magazines. All but one of those courts have rejected the challenge. These courts have repeatedly recognized that large-capacity magazines are not protected by the Second Amendment or that restrictions on such magazines are consistent with a historical tradition of regulating particularly dangerous weapons technologies as they spread and cause harm. The district court reached its decision by focusing on the supposed popularity of the technology and by ignoring relevant historical laws despite the guidance laid out by Bruen.

If the district court’s judgment were to take effect, it would create grave, immediate, and irreparable harm to California and its citizens. Without a stay of the district court's order, long-prohibited large-capacity magazines would flood California in large numbers, with no reasonable prospect for their recovery. 

A copy of the motion can be found here.